Illinois Supreme Court Commission on Professionalism

Lawyer-to-Lawyer Mentoring Program

Mentoring PlanSupplement

For Mentees and Mentors

2016 Edition

© 2007, 2011 as Mentoring Resources and 2014, 2016 as Mentoring Plan Supplement by the

Illinois Supreme Court Commission on Professionalism. All rights reserved. Permission is granted for the

non-commercial reproduction by the Commission’s Mentoring Program Partners.

Illinois Supreme Court Commission on Professionalism

/ Two Prudential Plaza
180 N. Stetson Avenue Suite 1950
Chicago, Illinois 60601
P: 312.363.6210

Dear Colleague:

The Illinois Supreme Court Commission on Professionalism thanks you for your participation in the Lawyer-to-Lawyer Mentoring Program.Your commitment to advancing the cause of professionalism is a credit to you, and your mentoring relationship should be a source of knowledge and inspiration for years to come.In an effort to assist you with the development and implementation of your Mentoring Plan,the Commission has assembled this Mentoring Plan Supplement that you may use and refer to throughout the course of the Program.

All action items in the Mentoring Plan are linked to corresponding resources in this Supplement. These resources are suggested activities, discussion topics and references related to each of the five substantive areas (professionalism, legal ethics, civility, diversity and wellness) addressed in the Mentoring Plan. References to the Illinois Rules of Professional Conductare occasionally included not because we wish to reinforce the “floor” of our ethical obligations but because the related comments to each provision may assist in your discussions of the rationale behind the Rules.

In addition to the resources contained in this Supplement, please visit our website, read our blog, and follow us on Twitter @2Civility for more information and updates on mentoring and professionalism issues.

Very truly yours,

Jayne R. Reardon

Executive Director

Contents

1. Professionalism

1A. Introduction to Bar Association and Networking

1B. Introduction to the Courthouse

1C.Responsibility to Improve the Administration of Justice, Pro Bono Service, and Access to Justice

1D. Law Office Management

1E. Time Management

1F. Staffing Legal Matters

1G. Client Communication

1H. Proper Legal Counseling

1I. Business Development

1J. Alternative Dispute Resolution

1K. ADR Observation and Discussion

1L. Respective Roles of Government Agencies

2. Legal Ethics

2A. Client Confidentiality

2B. Conflicts of Interest

2C. Office Working Relationships

2D. How to Involve Clients in Their Cases

2E. Discovery

2F. Negotiations

2G. Common Malpractice and Grievance Traps

2H. Dealing with Others On Behalf of Your Client

2I. Unethical and Unprofessional Misconduct by Another Lawyer

2J. Grievance Process and Disciplinary Investigation

2K. ARDC Hearing Observation and Discussion

3. Civility

3A. Issues of Incivility in Legal Profession

3B. Professional Conduct Duties of the Lawyer to the Client and to the Administration of Justice

3C. Strategies for Managing Incivility

3D. Dealing with Difficult Clients

4. Diversity and Inclusion

4A. Diversity and Inclusion in the Legal Profession

4B. Personal Actions to Support Diversity and Inclusion

4C. Increasing Diversity in Your Organization

4D. Attend Diversity Workshop or Training

5. Wellness, Mental Health and Addiction

5A. Career Paths

5B. Career Objectives

5C. Balance between Career and Personal Life

5D. Substance Abuse and Mental Health Issues

1. Professionalism

1A. Introduction to Bar Association and Networking

The following points are suggested for a discussion about the organized bar and the advantages of being involved in bar association activities:

  1. Attend any meeting/event of an organized bar association together and introduce the mentee to other lawyers in attendance at the event.
  1. Give the mentee examples of local, state, specialty, and national bar associations and discuss the differences among them. Examples:

Local: Champaign County Bar Association, Chicago Bar Association;

State: Illinois State Bar Association, Women’s Bar Association of Illinois;

National: American Bar Association;

Specialty: National Organization of Bar Counsel, Federal Bar Association, Illinois Trial Lawyers Association, Illinois Association of Defense Trial Counsel, Association of Corporate Counsel, American Inns of Court; and

Affinity: Alliance for Women, Hispanic National Bar Association, Decalogue Society.

  1. Provide to the mentee brochures or website links to local, specialty or national associations so that the mentee can review information about each in his or her spare time.
  1. Share with the mentee the association(s) in which the mentor is a member, the reasons the mentor chose to be involved in the association(s), the activities the mentor is involved in at the association(s), and how involvement in the association(s) has benefited the mentor.
  1. Discuss with the mentee what differences exist between Section(s) or Committee(s) of particular associations. Is a particular association more well-regarded in a substantive area over others (e.g., would a specialty bar association or a particular committee of the state bar association be more helpful to further the mentee’s particular interests)?
  1. Provide to the mentee examples of activities one can become involved in as a member of an association. Discuss specific reasons why one may want to be involved in those activities. Emphasize opportunities presented by New/Young Lawyer Divisions within bar associations, which often offer free membership to new attorneys and provide educational programming, resources and publications, and an entry point for getting involved in bar activities.

The following points are suggested to facilitate a discussion about networking within the legal community and, in particular, to help the mentor introduce the mentee to one or more attorneys with similar interests:

  1. Discuss the mentee’s interests, including professional interests. What type of contact(s) would be appropriate and helpful for the mentee to have?
  1. Select at least one attorney colleague having interests similar to the mentee (preferably outside the firm if the mentee also practices in the same firm) and arrange for a coffee or lunch meeting to introduce the new attorney to your colleague/friend. What shared interests do they have? What advice would your colleague have for the mentee to open opportunities for the mentee in the shared area(s) of interest?
  1. Discuss with the mentee your own networking experiences and the ways in which networking has helped you professionally and personally.

Resources:

Book:

Sneider, Susan, A Lawyer’s Guide to Networking (2006)

Articles:

Brodin, Kendra, An Introvert's Guide to Networking Events (2010)

Chester, Simon & Del Gobbo, Daniel,Social Media Networking For Lawyers: A Practical Guide to Facebook, LinkedIn, Twitter and Blogging (2012)

Dickinson, Josh, Thoughts on How to Network as a Lawyer at a Small Firm (2010)

1B. Introduction to the Courthouse

The following points are suggested to facilitate a discussion about the local courthouse(s) and court personnel.

  1. Discuss the local court rules or orders and how they impact your conduct. Discuss whether different judges have different views or interpretations of the local rules, and different courtroom practices. To the extent possible, share information in this regard about the preferences of the judges before whom the mentee is likely to appear.
  1. Go to the local courthouse(s), particularly those courts where the mentee will primarily be appearing, and, to the extent possible, introduce the mentee to members of the judiciary, court personnel, and clerks of court.
  1. Show the mentee the location of the clerk’s office, explaining where to file pleadings, obtain certified copies of case documents, get journal entries, or search the docket. If the mentor has errands at court that are non-privileged, invite the mentee to participate in those errands with the mentor. Ask the clerk to provide to the mentee his or her perspective on filing protocols such as cover sheets, number of copies, walking copies through to the judge, and the like.
  1. Discuss protocols and advice for e-filing documents with various courts and for dealing with cameras in the courtroom.
  1. Ask the bailiff and/or court clerk to share with the mentee protocols such as whether lawyers are required to check in before a hearing, whether simple or uncontested matters are called ahead of the regular docket, how a lawyer should handle a situation where s/he is covering two cases scheduled at the same time, whether courtesy copies are expected and when, whether draft orders should be proposed with courtesy copies, and how far in advance of an appearance the judges receive the files.
  1. Introduce the mentee to the court’s reporters and discuss the procedure for obtaining a transcript from them. If there are no reporters provided by the court, discuss the necessity and procedure for privately obtaining a reporter.
  1. Ask the judges to whom you introduce the mentee to share any pointers they have for handling a case in front of them.
  1. Explain the roles of different court staff, including the clerks, the bailiffs, and the judge’s assistants. Discuss the appropriate demeanor with court personnel.
  1. Explain the protocol for meeting with a judge, such as how to get to a judge’s chambers, or who should be contacted to set up a meeting. Discuss examples of ex parte contact and how to avoid it.
  1. Discuss when it is appropriate to enter a courtroom that is in session.
  1. Discuss how a judge is customarily addressed in court, at formal functions and events, in social settings, or at the grocery store. Does this custom change depending upon how often you appear before the judge or the capacity in which you know the judge? For example, if you are a prosecutor and appear before the same judge/magistrate every day? Or if you don’t appear before the judge in court, but you are on a bar association taskforce with him or her resulting in frequent meetings together?
  1. Discuss the appropriate attire for lawyers in your local court(s). Discuss how you should advise your client to dress. Does your client’s dress depend upon the type of case being litigated? What if your client does not have the proper attire to appear in court?
  1. Discuss the importance of punctuality in court and the expectations of individual judges in this regard.
  1. Discuss the appropriate demeanor with opposing counsel. How should you address opposing counsel?

What if you know opposing counsel well because you often oppose each other in cases? Because you went to law school together? Because you are good friends? How should you react if opposing counsel has been underhanded or dishonest during your case? What types of recourse are there? Discuss tips for keeping calm during conversations with an opposing counsel who is conducting himself or herself unprofessionally, such as yelling at you, attacking you personally, or threatening you.

  1. Discuss courtroom technology that is available to litigators such as overhead projectors, VCR/DVD players, microphones, computers, or internet. Provide contact information for or introduce the mentee to the court personnel who should be contacted when the mentee is interested.
  1. What is the appropriate demeanor with your clients both in and out of court? Discuss the importance of sensitivity towards your clients.
  1. Discuss the importance of associating with local counsel if you are handling a case outside your community. What are the benefits and disadvantages to doing so? How do you go about finding local counsel in another community with which to associate yourself?
  1. If you are acting as local counsel with an out-of-state/town lawyer, what is your relationship to each other and to the case? What do you do when the other counsel wants to completely control the litigation and your actions?
  1. Discuss the ethics and etiquette of speaking on and off the record, in court and about cases.

1C.Responsibility to Improve the Administration of Justice, Pro Bono Service, and Access to Justice

The following points are suggested to facilitate a discussion about the lawyer’s responsibility to improve the administration of justice, pro bono opportunities and access to justice issues.

  1. Discuss ABA, Illinois, and local aspirations for levels of pro bono service. Read and discuss the Preamble of the Illinois Rules of Professional Conduct. Discuss pro bono goal-setting with the mentee. Explain that a lawyer’s duty to render pro bono publico services encompasses not only the donation of time, but also a duty to contribute financially to organizations delivering services to those of limited means as defined under Illinois Supreme Court Rule 756(f). Discuss the annual disclosure rules as a part of the ARDC registration process, and suggest that the lawyer look to the Equal Justice Illinois campaign, bar foundations, or other organizations as donation opportunities.
  1. Discuss any pro bono activities in which you are involved. What led you to become involved in these matters? What have you gained from these experiences?
  1. Discuss the meaning of “access to justice.” What is the role of a lawyer in ensuring access to justice? What happens when litigants attempt to access the justice system without the guidance of an attorney? How do unrepresented pro se parties in the courtroom affect the efficient administration of justice?
  1. If the mentee works in the same firm/organization, discuss the firm’s pro bono policy. What hours count toward minimum billing requirements, if applicable? Are there limits to what the firm will “count” toward an attorney’s annual hours? Who is the appropriate contact person to express interest in pro bono matters?
  1. Discuss how the new attorney might bring in a new pro bono matter as a new client for his/her organization. How would the attorney ensure a new client and matter were acceptable to the firm? What are the procedures for opening new client matters? What is the conflicts procedure to ensure there are no conflicts in representing the new client?
  1. Discuss Rule of Professional Conduct 6.5, easing conflicts rules in nonprofit and court-annexed limited legal services programs.
  1. Explain that in taking on a pro bono case, the mentee may be able to limit the scope of representation in the matter through “unbundling” of legal services. Direct the lawyer to the ABA clearinghouse on unbundled legal services section for guidance on how unbundling works.
  1. Provide the new attorney with resources from which the new attorney may discover an organization whose work interests him/her. Local and state bar association foundations often list organizations funded on their websites or in their annual reports, which may also provide helpful information. Encourage the mentee to explore pro bono opportunities available on the ABA website and the Illinois Pro bono website.
  1. If the mentee works in a public interest practice, talk about the issue of student loans and what impact repayment of these debts might have on the lawyer’s long-term public interest commitment. Direct the lawyer to loan repayment program resources developed by the ABA.
  1. If appropriate, consider working on a pro bono matter together.

Resources:

Chicago Bar Association Pro Bono Information

Chicago Bar Foundation

Illinois Bar Foundation

Illinois Pro bono Volunteer Opportunity Search

The Legal Aid Safety Net: A Report on the Legal Needs of Low-Income Illinoisans

Standing Committee on Pro Bono and Public Service

1D. Law Office Management

The following points are intended to facilitate a discussion about the mentor’s law office, how it is managed, and where to locate resources for learning more information about law office management issues. This section is designed to address issues beyond those relevant to either the mentor’s or the mentee’s current employment and beyond the minimal requirements delineated in the Illinois Rules of Professional Conduct. However, see Rules 1.3, 1.4, 1.5 and the related comments for reference.

1. Explain how client files in mentor’s office are managed and discuss the best practices for at least the following related issues:

  1. Time records.
  2. Records of client-related expenses.
  3. Billing system.
  4. Conflict check procedures.
  5. Client retainer and/or payment schedules
  6. Fee agreements, including fixed-fee and common fee agreements, the advantages and disadvantages to each, ethical considerations surrounding each, examples of improper provisions in fee agreements, and the importance of using engagement, non-engagement and disengagement letters.
  7. Escrow and trust accounts, including establishing an IOLTA, the how-to of account/auditing, use of interest proceeds, and proper procedures for handling funds and other property belonging to a client. (See Client Trust Account Handbook available on website of ARDC, IOLTA Resources for Attorneys on website of Lawyers Trust Fund )
  8. Filing and e-filing systems, including procedures for opening and closing files, procedures for conflict checking, creating a checklist for new files, the importance of preparing a case memorandum and case plan, how to document the progress on cases, organizing both the file contents and the office filing system, and file inventory and review procedures.
  9. Document retention plan; e-files; and back-ups. Cloud computing and related issues such as confidentiality.
  10. Calendar and other reminder systems.
  11. Information technology systems, including docketing software.
  12. Methods of keeping clients informed about the progress of their matters.
  13. Library and research systems.
  14. Other resources (publications, seminars, equipment.)

2. Discuss staff, resources, and other administrative issues in mentor’s office, including the best practices for at least the following matters:

  1. Mail distribution procedures.
  2. Procedures for handling telephone calls, including when they should be returned.
  3. Procedures for handling electronic communications, including when email or text messages should be used or avoided in favor of other methods of contact.
  4. Considerations in purchasing office furniture and where it can be purchased.
  5. Library and research systems.
  6. Considerations in purchasing office equipment and the types which are essential and/or most helpful.
  7. Other resources (publications, seminars, equipment, and the like) that a new lawyer might find particularly helpful in his or her work.
  8. Personnel, including identifying employees who are needed to run the office efficiently and the benefits and disadvantages of hiring different types of employees (i.e., traditional, independent contractor, temporary).
  9. Employee selection, including interviewing techniques, background investigations, extending offers, and maintaining personnel files.
  10. Employment and discrimination laws of which an employer must be aware.
  11. Supervising staff, handling employee discipline and preventing the unauthorized practice of law and the unethical practice by associates.
  12. Considerations in purchasing liability and other types of insurance.

3. Share with the mentee ethical and professional marketing and business development techniques, effective rainmaking tools, and how to create a marketing plan for a firm. Discuss the appropriate use(s) of social media.